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Number 34 of 2007

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ROADS ACT 2007

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ARRANGEMENT OF SECTIONS

Section1. Definitions.

2. Tolls — definitions.

3. Toll schemes.

4. Default toll, etc.

5. Access to records.

6. Responsibility of road authorities for the maintenance andconstruction of public roads — up-dated references.

7. Amendment of functions of NRA relating to national roads.

8. Declaration of motorways.

9. Schemes.

10. Service areas.

11. Miscellaneous amendments of Principal Act.

12. Amendments to Road Traffic Acts 1961 to 2006.

13. Amendments to Taxi Regulation Act 2003.

14. Short title, collective citation and construction.

SCHEDULE

Amendment of Roads Act 1993

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[No. 34.] [2007.]Roads Act 2007.

Acts Referred to

Consumer Credit Act 1995 1995, No. 24

Dublin Transport Authority (Dissolution) Act 1987 1987, No. 34

Finance (Excise Duties) (Vehicles) Act 1952 1952, No. 24

Finance (No. 2) Act 1992 1992, No. 28

Finance Act 1992 1992, No. 9

Finance Act 1993 1993, No. 13

Finance Act 1994 1994, No. 13

Finance Act 2003 2003, No. 3

Landlord and Tenant Acts 1967 to 2005

Local Authorities (Traffic Wardens) Act 1975 1975, No. 14

Local Government Act 2001 2001, No. 37

Motor Vehicle (Duties and Licences) Act 2003 2003, No. 5

Planning and Development (Strategic Infrastructure) Act2006 2006, No. 27

Planning and Development Act 2000 2000, No. 30

Roads Act 1920 1920, c. 72

Roads Act 1993 1993, No. 14

Roads Acts 1993 to 2001

Road Traffic Act 1961 1961, No. 24

Road Traffic Act 1994 1994, No. 7

Road Traffic Act 2002 2002, No. 12

Road Traffic Act 2004 2004, No. 44

Road Traffic Act 2006 2006, No. 23

Road Traffic Acts 1961 to 2006

State Authorities (Public Private PartnershipArrangements) Act 2002 2002, No. 1

Taxi Regulation Act 2003 2003, No. 25

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Number 34 of 2007

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ROADS ACT 2007

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AN ACT TO AMEND AND EXTEND THE ROADS ACTS 1993TO 2001, THE TAXI REGULATION ACT 2003 AND CER-TAIN PROVISIONS OF THE ROAD TRAFFIC ACTS 1961TO 2006 AND TO PROVIDE FOR CONNECTEDMATTERS.

[11th July, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

“Authority” means National Roads Authority;

“Minister” means Minister for Transport;

“Principal Act” means Roads Act 1993.

2.—The following is substituted for section 56 of the Principal Act:

“56.—In this Part—

‘consumer-hire agreement’ and ‘hire-purchase agreement’ havethe meanings assigned to them, respectively, in the ConsumerCredit Act 1995;

‘default toll’ means a toll charged and payable in accordancewith bye-laws under section 61 in respect of a mechanically pro-pelled vehicle where the toll initially charged and payable inrespect of that vehicle for the use of a toll road has not beenpaid;

‘licensing records’ means records maintained under section60(2) (inserted by section 86 of the Finance Act 1994 asamended by section 7 of the Motor Vehicle (Duties andLicences) Act 2003) of the Finance Act 1993;

‘mechanically propelled vehicle’ has the meaning assigned to itby the Act of 1961;

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Definitions.

Tolls — definitions.

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[No. 34.] [2007.]Roads Act 2007.

‘owner’ means—

(a) in relation to a vehicle (other than a vehicle specifiedin paragraph (b)), the person by whom the vehicle iskept, or

(b) in relation to a vehicle which is the subject of a hire-purchase or consumer-hire agreement, the person inpossession of the vehicle under the agreement;

‘registered in the State’ in relation to a vehicle, means thevehicle is entered in the register established and maintained bythe Revenue Commissioners under section 131 of the FinanceAct 1992 or in respect of which a licence has been taken outunder section 1 of the Finance (Excise Duties) (Vehicles) Act1952;

‘registered owner’ in relation to a vehicle, means where thevehicle—

(a) is registered in the State, the owner of the vehiclewhose name is most recently entered in licensingrecords, or

(b) is used under a trade licence issued under section 21of the Finance (No. 2) Act 1992, the holder of thelicence;

‘road authority’ means—

(a) in the case of a national road — the Authority, and

(b) in the case of a regional road or local road — the localauthority in whose functional area the road issituated;

‘road undertaking’ means, in relation to a toll road—

(a) a road authority, or

(b) where the road authority has entered into—

(i) an agreement with another person under section63 in relation to any of the matters referred toin paragraph (e) of that section, or

(ii) an arrangement with a partner under section 3(1)of the State Authorities (Public Private Partner-ship Arrangements) Act 2002 in relation to anyof the matters referred to in paragraph (a) ofthat subsection,

that other person or partner;

‘toll’ means a toll (including a default toll) chargeable underthis Part;

‘toll road’ means a public road or proposed public road inrespect of which a toll scheme is in force;

‘toll scheme’ means a scheme under section 57.”.

[2007.] [No. 34.]Roads Act 2007.

3.—Section 57 of the Principal Act is amended in subsection (3),by substituting for paragraph (e) the following:

“(e) specify the manner and method of the charging of andcollection of tolls,

(f) specify such other information as the road authoritymaking the scheme considers appropriate or theMinister prescribes by regulations.”.

4.—The following is substituted for section 64 of the Principal Act:

“64.—(1) Where a toll charged and payable in respect of amechanically propelled vehicle using a toll road is unpaid forsuch period specified in bye-laws under section 61, a default toll,in accordance with the bye-laws, of not more than such amountspecified in the bye-laws being greater than the amount of thetoll initially charged, may be charged and be payable in respectof the vehicle.

(2) Bye-laws made under section 61 may—

(a) provide that the amount of a default toll be increasedby such amount where it is not paid within suchperiod as specified in the bye-laws,

(b) take into account administrative costs in charging andcollecting a default toll, or

(c) specify different amounts in respect of differentclasses of toll roads and different classes of vehicles.

(3) Where a toll is payable in respect of a mechanically pro-pelled vehicle where—

(a) the vehicle is registered in the State (other than in thecircumstances referred to in paragraph (c)) — theregistered owner of the vehicle,

(b) the vehicle is not registered in the State — the person,whom the road undertaking concerned can reason-ably ascertain, owns or keeps or has possession orcharge of the vehicle in the State,

(c) the registered owner or a person referred to in para-graph (b) or (d), as the case may be, on the occasionin question, was not driving or in the vehicle and hadnot given permission for or required another to usethe vehicle and the Garda Sıochana were aware orwere informed of this — the person who was drivingthe vehicle on the occasion, or

(d) a person has entered into an agreement with the roadundertaking concerned in respect of the payment oftolls in respect of the vehicle — that person,

and the driver of the vehicle, if he or she is not a person men-tioned above, are jointly and severally liable to pay the toll.

(4) The amount of any toll due and payable by a personunder this Part and unpaid may be recovered from the person

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Toll schemes.

Default toll, etc.

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[No. 34.] [2007.]Roads Act 2007.

as a simple contract debt by the road undertaking concerned inany court of competent jurisdiction.

(5) (a) Notwithstanding section 79, notice of the charge of atoll may be served on a person by the road under-taking concerned by post—

(i) at the place where the person ordinarily residesor carries on business, or

(ii) if an address for the service of such a notice hasbeen provided by the person, that address,

or where arrangements have been made between theperson and the road undertaking by such meansspecified (such as electronic mail) to the place oraddress specified, in the arrangements.

(b) In any proceedings for the recovery of a toll it shallbe presumed, until the contrary is shown, that thedefendant received the notice under this paragraphto which the proceedings relate and that payment ofthe toll has not been made.

(6) A document signed by an officer of the road undertakingconcerned (authorised in that behalf by the road undertaking)stating that a mechanically propelled vehicle in respect of whichthe proceedings are taken for the non-payment of a toll incurredthe liability to pay the toll together with any photographic orother evidence taken from a camera or other apparatus referredto in subsection (7) of the identification mark of the vehicletaken at the material time may, without proof of the signatureof the officer or that the photographic or other evidence is froma camera or other apparatus referred to in that subsection, beproduced in any court and in all legal proceedings and is, untilthe contrary is shown, evidence that a toll was incurred inrespect of the vehicle. It shall not be necessary to show that thecamera or other apparatus was accurate or in good workingorder.

(7) A road authority may approve cameras or other appar-atus and the location of them, to be set up and operated by theroad undertaking having charge of the collection of tolls on atoll road, for the purposes of—

(a) recording the date and time of a vehicle passingthrough the toll road and whether payment inrespect of the vehicle for the use of the road hasbeen discharged or incurred, and

(b) taking photographic images of the vehicle and itsidentification mark.

(8) A person who is liable to pay a toll and who fails, neglectsor refuses to pay the toll is guilty of an offence.

(9) A person who on a toll road, fails, neglects or refuses toobey a lawful instruction or direction of a person authorised bya road undertaking to provide, operate or manage a toll road orcollect or charge tolls on the road is guilty of an offence.

[2007.] [No. 34.]Roads Act 2007.

(10) A person who by his or her actions does any thing toavoid being charged or paying a toll while on a toll road is guiltyof an offence.

(11) A person guilty of an offence under this section is liableon summary conviction to a fine not exceeding \5,000 or toimprisonment for a term not exceeding 6 months or both.

(12) In this section ‘identification mark’ in respect of a mech-anically propelled vehicle, means the identification markassigned to the vehicle—

(a) in the case of a vehicle registered in the State — undersection 6 of the Roads Act 1920 or section 131(5)(inserted by section 102 of the Finance Act 2003) ofthe Finance Act 1992, or

(b) in the case of a vehicle registered in a jurisdiction out-side the State — under the laws of that jurisdiction.”.

5.—The following section is inserted after section 64 of the Princi-pal Act:

“64A.—(1) A road undertaking for the purposes of chargingand collecting payment of tolls shall have access to and mayinspect and examine licensing records and may take or be sup-plied with information or extracts from those records relating tothe charging or payment of tolls on payment of such fee (if any)to cover the administrative costs in accessing such records.

(2) Where a road undertaking for the purposes of chargingor collecting payment of a toll in respect of a vehicle using a tollroad suspects that the vehicle on the occasion in question is thesubject of an agreement and it is unable to ascertain from licens-ing records information regarding the person in possession ofthe vehicle under the agreement, it may require and be suppliedwith information from the registered owner of the vehicleregarding the person in possession of the vehicle under theagreement.

(3) Where a request is made under subsection (2), the regis-tered owner of the vehicle the subject of the request shall, within21 days, supply to the road undertaking making the request,where the vehicle is the subject of an agreement, the name andaddress of the person in possession of the vehicle under theagreement, on the occasion in question, to which the requestrelates.

(4) A person who in supplying information under subsection(3) gives false or misleading information is guilty of an offence.

(5) Where a registered owner fails or refuses to give infor-mation to a road undertaking for the purposes of this sectionthe registered owner is presumed, until the contrary is shown,to have had possession of the vehicle on the occasion in questionand is liable to pay the toll concerned.

(6) In this section ‘agreement’ means a hire-purchase agree-ment or a consumer-hire agreement, as the case may be.”.

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Access to records.

Responsibility ofroad authorities forthe maintenanceand construction ofpublic roads — up-dated references.

Amendment offunctions of NRArelating to nationalroads.

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[No. 34.] [2007.]Roads Act 2007.

6.—Section 13 of the Principal Act is amended by substituting forsubsections (1) to (4) the following:

“(1) Subject to Part III, the maintenance and construction ofall national and regional roads in a county or city is a functionof the council of that county or city.

(2) It is the function of a local authority to maintain and con-struct all local roads—

(a) in the case of a county council — in its administrativearea, other than the administrative area of any bor-ough or town referred to in Chapter 2 of Part 1 ofSchedule 6 to the Local Government Act 2001 situ-ated within the county of the council, and

(b) in the case of any other local authority — in its admin-istrative area.

(3) The local authorities referred to in subsections (1) and(2) are road authorities for the purposes of the roads referredto in those subsections and shall, subject to Part III and inrespect of those roads, perform all the functions assigned to roadauthorities by or under any enactment (including this Act) orinstrument.

(4) The expenses of a county council in respect of its func-tions under subsection (2) shall be charged on the county of thecouncil exclusive of any borough or town that is situated withinthe county.”.

7.—Section 19 of the Principal Act is amended—

(a) by substituting for subsection (1) the following:

“(1) The Authority may, in relation to national roadsor proposed national roads, do all or any of the following:

(a) prepare, or arrange for the preparation of—

(i) designs for construction or improvementworks,

(ii) programmes of maintenance works, or

(iii) schemes for the provision of traffic signs;

(b) secure the carrying out of construction or main-tenance works, or the provision of traffic signs;

(c) secure the provision of facilities for the parkingof vehicles;

(d) allocate moneys and make payments in relationto construction or maintenance works, or inrelation to any other function assigned to it byor under this Act;

(e) specify standards in relation to construction ormaintenance works;

[2007.] [No. 34.]Roads Act 2007.

(f) carry out, arrange to have carried out or assistthe carrying out of, training, research or testingactivities in relation to any of its functions;

(g) provide any amenity, structure or thing(including, without limitation, service areas,rest areas or lay-bys) for the safety and con-venience of road users;

(h) undertake landscaping, planting or any similaractivities in the interests of amenity and theenvironment; or

(i) provide artistic features.”,

(b) by substituting for subsection (6) the following:

“(6) Development consisting of the carrying out of anyworks by or at the direction of, or on behalf of, the Auth-ority under this Act in relation to the construction ormaintenance of a national or other public road or anythingrelated or incidental to such is exempted development forthe purposes of the Act of 2000.”,

and

(c) by inserting after subsection (10) the following:

“(11) The Landlord and Tenant Acts 1967 to 2005 donot apply to any lettings effected by the Authority or anyroad authority, in each case, in performing the functionsconferred on it by this Act.”.

8.—(1) The Minister may, subject to subsection (2), on the appli-cation of the Authority, by order declare as a motorway—

(a) any existing public road which, before the passing of thisAct, is a national road, or

(b) any proposed road development for the construction of anational road, in respect of which, before the passing ofthis Act, an application for approval has been made orthe development has been approved under section 51 ofthe Principal Act,

or any part or section as such.

(2) Where the Minister proposes to declare under subsection (1)a road to be a motorway and the Authority informs him or her inwriting that—

(a) the road has been or will be constructed to a similar orhigher standard as existing motorways,

(b) provision is made for alternative means of access to anyland which is to cease as a result of the declaration, and

(c) the road is or will be at least a dual carriageway or anintegrated part of the design of a dual carriageway andpart of the network of national roads,

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S.7

Declaration ofmotorways.

S.8

Schemes.

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[No. 34.] [2007.]Roads Act 2007.

the Minister must—

(i) publish, in one or more newspapers circulating in the areawhere the road is located or the proposed road isintended to be located which he or she proposes todeclare to be a motorway, a notice—

(I) indicating the times at which, the period (which shallbe not less than one month) during which and theplace where a copy of the application under subsec-tion (1) and a map showing the road may beinspected, and

(II) stating that objections or representations may bemade in writing to the Minister in relation to thedeclaration before a specified date (which shall benot less than 2 weeks after the period allowed forsuch inspection), and

(ii) consider any objections or representations made underparagraph (i)(II) and not withdrawn.

(3) Section 43 of the Principal Act is amended by substituting forsubsection (1) the following:

“(1) In this Act ‘motorway’ means—

(a) a public road or proposed public road specified to bea motorway in a motorway scheme approved undersection 49, or

(b) a national road or a proposed road development forthe construction of a national road declared to be amotorway under section 8 of the Roads Act 2007.”.

(4) Notwithstanding any other enactment, neither a planningauthority or An Bord Pleanala shall decide to grant or grant planningpermission nor shall a decision by such be regarded as having beengiven under section 34(8) of the Planning and Development Act 2000in respect of the developments referred to in section 46 of the Princi-pal Act in respect of a national road or a proposed road developmentfor the construction of a national road declared to be a motorwayunder subsection (1).

9.—(1) The Principal Act is amended—

(a) in section 47—

(i) by substituting for subsection (1) the following:

“(1) A road authority or the Authority maymake—

(a) a motorway scheme,

(b) a service area scheme,

(c) a busway scheme,

(d) a protected road scheme, or

[2007.] [No. 34.]Roads Act 2007.

(e) a protected road scheme amending a pro-tected road scheme approved undersection 49,

referred to in this Part as a “scheme”.”,

(ii) in subsection (2)(a)(i), (ii), (iii) and (v), by substitut-ing “, protected road or service area” for “or pro-tected road” in each place it occurs,

(iii) in subsection (2)(c), by inserting “(provided under amotorway or protected road scheme)” after “serviceareas”, and

(iv) in subsection (4)(a) and (b), by inserting “or theAuthority” after “road authority”,

(b) by substituting for section 48 the following:

“Procedures tobe followed byroad authoritywhensubmittingscheme toBord Pleanala.

48.—Before submitting a scheme to AnBord Pleanala under section 49 a roadauthority or the Authority, as the case maybe, shall—

(a) publish in one or more news-papers circulating in the areawhere the proposed motorway,service area, busway or pro-tected road is to be located anotice in the prescribed form—

(i) stating that a scheme hasbeen made,

(ii) indicating the times atwhich, the period (notbeing less than 6 weeks)during which and the placewhere a copy of the schemeand the map referred to init may be inspected, and

(iii) stating that objections maybe made in writing to AnBord Pleanala in relationto the scheme during thatperiod,

and

(b) serve on every owner and occu-pier of any land referred to in ascheme and on every personwho, in the opinion of the roadauthority or the Authority, asthe case may be, is affected bythe proposed revocation ormodification of a planning per-mission specified in the scheme,a notice in the prescribed formstating—

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[No. 34.] [2007.]Roads Act 2007.

(i) the nature and extent of thescheme,

(ii) that the scheme will be sub-mitted to An BordPleanala for approval, and

(iii) the period (which is thatreferred to in paragraph(a)(ii)) within which objec-tions may be made in writ-ing to An Bord Pleanala inrelation to the scheme.”,

(c) in section 49—

(i) by substituting for subsection (1) the following:

“(1) A road authority or the Authority shall sub-mit any scheme made by it under section 47 to AnBord Pleanala for its approval.”,

(ii) in subsections (3) and (4), by substituting “, protectedroad or service area” for “or protected road”, and

(iii) by inserting after subsection (5) the following:

“(6) Where the Authority has submitted a schemefor approval under subsection (1) references to roadauthority in the other provisions of this section inrespect of the scheme are to read as references tothe Authority.”,

(d) in section 50—

(i) in subsection (1), by substituting for paragraph (a)the following:

“(a) A road authority or the Authority shall pre-pare a statement of the likely effects onthe environment (‘environmental impactstatement’) of any proposed road develop-ment it proposes consisting of—

(i) the construction of a motorway,

(ii) the construction of a busway,

(iii) the construction of a service area, or

(iv) any prescribed type of proposed roaddevelopment consisting of the con-struction of a proposed public road orthe improvement of an existingpublic road.”,

and

(ii) the insertion after subsection (4) (inserted by theEuropean Communities (Environmental ImpactAssessment) (Amendment) Regulations 1999 (S.I.No. 93 of 1999)) of the following:

[2007.] [No. 34.]Roads Act 2007.

“(5) Where the Authority proposes the construc-tion of a proposed road development consisting ofanything referred to in subsection (1) references toroad authority in the other provisions of this sectionin respect of the development are to be read as refer-ences to the Authority.”,

and

(e) in section 51—

(i) by substituting for subsections (1) and (2) thefollowing:

“(1) A proposed road development shall not becarried out unless An Bord Pleanala has approved itor approved it with modifications.

(2) The road authority concerned or the Authority,as the case may be, shall apply to An Bord Pleanalafor the approval referred to in subsection (1) inrelation to a proposed road development it proposesand shall submit to An Bord Pleanala the environ-mental impact statement prepared in respect of thedevelopment.”,

(ii) in subsection (3)(a)(vi) (inserted by section 51 of thePlanning and Development (StrategicInfrastructure) Act 2006) by substituting “An BordPleanala” for “the Minister”, and

(iii) by inserting after subsection (8) the following:

“(9) Where the Authority makes an application forapproval under subsection (2) references to roadauthority in subsection (3) and its following provisionsof this section in respect of the application are to beread as references to the Authority.”.

(2) Where An Bord Pleanala approves a scheme submitted by theAuthority under section 49 references to road authority contained insection 52 of the Principal Act in respect of the scheme are to beread as references to the Authority.

10.—(1) The following section is substituted for section 54 of thePrincipal Act:

“Service areas(motorwayschemes).

54.—(1) A motorway scheme may include pro-vision for a service area.

(2) Where a motorway scheme approved undersection 49 includes provision for a service area ora service area provided under a motorway schemeis located on a motorway—

(a) the Authority — in the case of anational road, or

(b) the road authority in whose functionalarea the service area is to be providedor is located—

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S.9

Service areas.

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[No. 34.] [2007.]Roads Act 2007.

(i) in the case of a national road, withthe consent of the Authority, or

(ii) in the case of a regional or localroad,

may—

(I) provide or operate in the servicearea facilities or services for per-sons and vehicles using the motor-way to which the scheme relates,

(II) make an agreement with any per-son whereby that person, either byhimself or herself or jointly withthe Authority or the road auth-ority, as the case may be, providesor operates in the service areasuch facilities or services.

(3) Subject to section 54A, a service area on amotorway shall not be provided or operated savein accordance with this section.

(4) The Minister may make regulations provid-ing for the application of moneys accruing to aroad authority or the Authority in respect of theexercise of its functions under this section orsection 54A.

(5) (a) Only classes of vehicles prescribedunder section 43(3) shall have accessfrom a service area to a motorway.

(b) The driver of a vehicle which is not avehicle of a class prescribed undersection 43(3) who accesses with thevehicle from a service area to a motor-way is guilty of an offence.”.

(2) The following sections are inserted after section 54 of the Prin-cipal Act:

“Service areas(public roads).

54A.—(1) In a service area—

(a) the Authority — in the case of anational road, or

(b) the road authority in whose functionalarea the service area is to be providedfor or is located—

(i) in the case of a national road, withthe consent of the Authority, or

(ii) in the case of a regional road orlocal road,

may—

(I) provide or operate facilities orservices for persons and vehicles

[2007.] [No. 34.]Roads Act 2007.

using the road to which the servicearea scheme relates, or

(II) make an agreement with anotherperson whereby that person,either by himself or herself orjointly with the Authority or theroad authority, as the case may be,provides or operates such facilitiesor services.

(2) Subject to section 54, a service area on aroad referred to in subsection (1) shall not be pro-vided or operated other than in accordance withthat subsection.

(3) In this section ‘service area’ means a servicearea proposed or provided under a service areascheme in respect of a national, regional or localroad.

Offence(service areas).

54B.—A person who, without lawful authorityor the consent of the Authority or the road auth-ority concerned, as the case may be—

(a) defaces (by writing or other means),damages or excavates a service areaprovided under a motorway scheme orservice area scheme,

(b) places or deposits any material or thingon a service area which is a hazard orpotential hazard to persons using theservice area, or

(c) obstructs or interferes with access fromthe public road to the service area,

is guilty of an offence.”.

11.—Each provision of the Principal Act mentioned in column (1)of the Schedule is amended in the manner specified in column (2) ofthe Schedule opposite mention of the provision.

12.—(1) The following sections are inserted after section 36 of theRoad Traffic Act 1994:

“Bye-laws forrestriction onparking —specifiedevents.

36A.—(1) A road authority may, in respect ofa specified event or events (such as a sporting orentertainment event) at a specified venue orvenues, in the interests of safety of road users andpreventing traffic congestion, make bye-laws inaccordance with this section for the purpose ofprohibiting or restricting the parking of mechan-ically propelled vehicles on all public roads inspecified areas or on a specified public road in itsfunctional area.

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S.10

Miscellaneousamendments ofPrincipal Act.

Amendments toRoad Traffic Acts1961 to 2006.

S.12

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[No. 34.] [2007.]Roads Act 2007.

(2) Bye-laws made under this section shallspecify—

(a) the event and venue to which the bye-laws apply,

(b) the nature and description of the event,

(c) the public road or area to which the pro-hibition or restriction applies,

(d) whether a prohibition or restriction onparking applies,

(e) the period of the prohibition or restric-tion on parking, and

(f) the mechanically propelled vehicles, orclasses of such vehicles, to which anexemption from the prohibition orrestriction is to apply.

(3) Where it is proposed to exempt mechan-ically propelled vehicles from the application ofbye-laws made under this section in accordancewith subsection (2)(f), the bye-laws shall specify—

(a) the persons who may acquire theexemption,

(b) the conditions, if any, to be applied inrespect of the exemption,

(c) the means of identification of mechan-ically propelled vehicles that are to besubject to the exemption,

(d) the manner of keeping or display of themeans of identification on the vehicle,and

(e) the fee, if any, payable to the road auth-ority concerned in respect of theexemption.

(4) Where bye-laws made under this sectionprovide for an exemption to the prohibition orrestriction to be imposed, the road authority shallprovide, on application, the means of identifi-cation referred to in subsection (3)(c) to a personwho may acquire the exemption.

(5) Different bye-laws may be made underthis section—

(a) in respect of different areas within thefunctional area of a road authority,

(b) in respect of different classes ofvehicles,

(c) for different circumstances, and

[2007.] [No. 34.]Roads Act 2007.

(d) in respect of different periods of time.

(6) Where a road authority makes bye-lawsunder this section it shall provide a regulatorytraffic sign specified in regulations made undersection 95(2) of the Principal Act to indicate theapplication of the bye-laws.

(7) The traffic sign referred to in subsection(6) shall—

(a) be provided on the road or on all roadsat the entrance to an area to which thebye-laws apply, and

(b) in advance of the operation of the bye-laws, be accompanied by an infor-mation plate indicating details regard-ing the date or day and period of theoperation of the bye-laws.

(8) Before making bye-laws under this section,a road authority shall—

(a) consult with the Commissioner of theGarda Sıochana,

(b) publish a notice in one or more news-papers circulating in the area to whichthe bye-laws relate and, where theroad authority considers the event towhich the bye-laws relate is of nationalimportance, in one or more news-papers published in and are circulatingin the State—

(i) indicating that it is proposed tomake bye-laws under this section,

(ii) indicating the times at which, theperiod (being not less than onemonth) during which and theplace (being a place within theirfunctional area) where a copy ofthe draft bye-laws may beinspected,

(iii) stating that representations may bemade in writing to the road auth-ority in relation to the draft bye-laws before a specified date(which shall be not less than 2weeks after the end of the periodfor inspection), and

(iv) stating that a copy of the draft bye-laws may be purchased on pay-ment of a fee, if any, notexceeding the reasonable cost ofmaking such copies,

and

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[No. 34.] [2007.]Roads Act 2007.

(c) before deciding whether to make thebye-laws and determining their con-tent, consider any observations madeto them by the Commissioner or anyrepresentations made to them underparagraph (b)(iii).

(9) The making of bye-laws under this sectionand the consideration of observations or represen-tations under subsection (8)(c) is a reservedfunction.

(10) As soon as may be after the making ofbye-laws by a road authority under this section,notice of their making and of the place where cop-ies of them may be purchased, obtained orinspected shall be published by the road auth-ority in—

(a) the Iris Oifigiuil,

(b) one or more newspapers circulating inthe area to which the bye-laws relate,and

(c) where the road authority considers theevent to which the bye-laws relate is ofnational importance, one or morenewspapers published in and circulat-ing in the State.

(11) Where a mechanically propelled vehicle,not exempted under bye-laws made under thissection, is parked on a public road at a timeimmediately in advance of the coming into oper-ation of bye-laws made under this section applyingto the road, the vehicle must be removed from thatroad before the commencement of the operationof the bye-laws as indicated by the traffic signreferred to in subsection (7).

(12) (a) A person who contravenes a bye-lawmade under this section or who doesnot comply with subsection (11) isguilty of an offence.

(b) Where, in relation to a mechanicallypropelled vehicle, there is a contra-vention of a bye-law under this sectionor a failure to comply with subsection(11), each of the following persons isguilty of an offence—

(i) the registered owner of the vehicle,

(ii) if the vehicle is the subject of ahire-drive agreement on theoccasion in question, the person towhom the vehicle is hired underthe agreement, and

(iii) if the person who parked thevehicle is not its registered owner

[2007.] [No. 34.]Roads Act 2007.

or the person to whom it is hiredunder a hire-drive agreement, thefirst-mentioned person.

(13) Where a person charged with an offenceunder subsection (12) is—

(a) the registered owner of the vehicle con-cerned, it is a defence for him or herto show that the vehicle was being usedon the occasion in question by anotherperson and that—

(i) such use was unauthorised, or

(ii) the vehicle was on that occasion thesubject of a hire-drive agreement,

or

(b) a person to whom the vehicle concernedstood hired at the time of the com-mission of the offence, it is a defencefor him or her to show that the vehiclewas being used on the occasion inquestion by another person and thatsuch use was unauthorised.

(14) Any fees paid under this section shall bedisposed of in such manner as the road authorityconcerned may by resolution determine.

Inspection ofpermits.

36B.—(1) A member of the Garda Sıochana or(other than for the purposes of paragraph (b)) atraffic warden may request the driver or person incharge of a vehicle—

(a) parking the vehicle in a place whererestrictions or prohibitions on parkingapply, or

(b) entering, driving on or otherwise usingor leaving a road where restrictions orprohibitions apply to a vehicle,

under regulations or bye-laws under this Part, toallow the inspection by the member or warden ofa permit exempting the vehicle and, if applicable,the driver or person, from the restriction or pro-hibition.

(2) Where a member or warden inspecting apermit under subsection (1) is of the opinionthat—

(a) the permit is no longer in force,

(b) the permit does not apply to the circum-stances or vehicle in which it is beingused,

(c) the person using the permit is notentitled to use it, or

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[No. 34.] [2007.]Roads Act 2007.

(d) the permit is altered or forged,

he or she may detain it.

(3) Where a permit is detained under subsec-tion (2) and it is subsequently shown to be valid itmay be returned to the holder or suspended orrevoked as the local authority or person issuing itsees fit according to the circumstances of thematter.

(4) The driver or person in charge of a mechan-ically propelled vehicle who—

(a) fails to keep or display a permit or othermeans of identification as specified inthe permit or regulations made undersection 35 or bye-laws made undersection 36 or 36A, when the vehicle towhich the permit relates is beingdriven, parked or otherwise being usedby the person under it in respect of theexemption or permission concerned,

(b) uses a permit other than in accordancewith its terms or conditions, or

(c) fails or refuses to allow or obstructs theinspection of a permit under thissection,

is guilty of an offence.

(5) When the driver or person in charge of amechanically propelled vehicle who contravenessubsection (4)(a) or (b) is not the registered ownerof the vehicle but authorised to drive or use thevehicle by the owner and the vehicle is not thesubject of a hire-drive agreement, then the regis-tered owner is also guilty of an offence.

(6) In this section—

‘permit’ means a permit issued under regulationsmade under section 35 or the means of identifi-cation of an exempted or permitted vehicle speci-fied in bye-laws made under section 36 or 36A;

‘traffic warden’ means a traffic warden within themeaning of the Local Authorities (TrafficWardens) Act 1975 or section 103 (19) (insertedby section 11 of the Road Traffic Act 2002) of thePrincipal Act.”.

(2) Section 42 (inserted by section 10 of the Road Traffic Act2006) of the Road Traffic Act 1961 is amended, with effect from thecommencement of the said section 10—

(a) in subsection (2)(p), by inserting “and the disposal of suchfees” after “licence”, and

(b) in subsection (4), by deleting “, in particular and withoutprejudice to the generality of subsection (1),”.

[2007.] [No. 34.]Roads Act 2007.

(3) Section 101B (inserted by section 9 of the Dublin TransportAuthority (Dissolution) Act 1987 and as amended by section 49(1)(j)of the Road Traffic Act 1994) of the Road Traffic Act 1961 isamended—

(a) in subsection (2), by substituting “35, 36 or 36A of theRoad Traffic Act 1994” for “35 or 36 of the Road TrafficAct 1994”, and

(b) in subsection (8)(b), by substituting “section 35, 36 or 36Aof the Road Traffic Act 1994” for “section 35 or 36 ofthe Road Traffic Act 1994”.

(4) The Road Traffic Act 1994 is amended—

(a) in section 2(1), by substituting for the definition of “re-served function” the following:

“ ‘reserved function’ is to be read in accord-ance with section 131 of the Local GovernmentAct 2001;”,

(b) in section 35—

(i) in subsection (2), by substituting for paragraph (t)(inserted by section 26(1) of the Road Traffic Act2004) the following:

“(t) the issue of a permit by a local authority,or any other person authorised by theMinister in the regulations, subject to anyterms or conditions attached to the permitas prescribed in or permitted by the regu-lations, for the purposes of—

(i) exempting the permit holder fromrestrictions or prohibitions on parkingapplied under this section,

(ii) permitting the parking of a vehicle bythe permit holder at specifiedlocations, or

(iii) exempting the permit holder from theapplication of prohibitions andrestrictions applied under this sectionto specified traffic from entering orusing specified roads,

upon payment of a prescribed fee, if any,and the disposal of such fees and differentfees may be prescribed in respect of differ-ent classes of permits.”,

and

(ii) by deleting subsections (7) and (8) (inserted bysection 26(2) of the Road Traffic Act 2004).

(5) Section 5(1) of the Road Traffic Act 2006 is amended in para-graph (c) by substituting “millilitres” for “milligrammes”.

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Amendments toTaxi RegulationAct 2003.

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[No. 34.] [2007.]Roads Act 2007.

(6) The Road Traffic Acts 1961 to 2006 and this section may becited together as the Road Traffic Acts 1961 to 2007.

13.—The Taxi Regulation Act 2003 is amended—

(a) in section 34—

(i) by substituting for subsection (1) the following:

“(1) The Commission may make regulations inrelation to the licensing, ownership, control and oper-ation of small public service vehicles and dispatchoperators, the licensing and control of small publicservice vehicle drivers and small public service vehiclelicence holders, and the standards to be applied tosuch vehicles and their drivers.”,

(ii) in subsection (2)(e)(v), by substituting “applicationfor or renewal of” for “application for”,

(iii) by inserting after subsection (2)(e) the following:

“(ee) the standards to apply to the service pro-vided by dispatch operators,”

(iv) in subsection (9), by deleting “, with the consent ofthe Minister”, and

(v) by inserting after subsection (10) the following:

“(11) In this Part, ‘dispatch operator’ means a per-son engaged in the activity of taking a booking of asmall public service vehicle that is operated byanother person and arranging with the operator ordriver of the vehicle to provide the service booked.”,

(b) in section 38(6), by deleting “in consultation with theMinister”,

(c) in section 40(3), by substituting “that has been agreed”for “agreed”,

(d) in section 42(1) and 41(11), by substituting “small publicservice vehicle” for “taxi”,

(e) in section 44—

(i) by substituting “\5,000” for “\3,000” in each place itoccurs, and

(ii) in subsection (2), by substituting “\2,000” for“\1,500”,

(f) in section 46—

(i) in subsection (1)(a), by substituting “section 34 or 39,”for “section 34,”, and

(ii) by deleting subsection (5),

and

[2007.] [No. 34.]Roads Act 2007.

(g) in section 52(2), by deleting “, with the consent of theMinister”.

14.—(1) This Act may be cited as the Roads Act 2007.

(2) The Roads Acts 1993 to 2001, section 215 and Part XX of thePlanning and Development Act 2000, section 51 of the Planning andDevelopment (Strategic Infrastructure) Act 2006 and this Act (otherthan sections 12 and 13) may be cited together as the Roads Acts1993 to 2007 and are to be read as one.

SCHEDULE

Amendment of Roads Act 1993

Provision ofRoads Act 1993 Nature of Amendment

Amended

(1) (2)

Section 2(1) The deletion of the definitions of “the Act of 1963”, “the Actof 1976”, and “the Act of 1982”.

The substitution for “the Act of 1990” of the following:

“ ‘Act of 2000’ means Planning and Development Act 2000;”.

The deletion of “by a road authority” in the definitions of “bus-way scheme”, “motorway scheme” and “protected roadscheme”, respectively.

The substitution for the definition of “development plan” ofthe following:

“ ‘development plan’ has the meaning assigned to it by section9(1) of the Act of 2000;”.

The substitution for the definitions of “land” and “local auth-ority” of the following:

“ ‘land’ has the meaning assigned it by the Act of 2000;

‘local authority’ except in section 73, means—

(a) a county council, referred to in Part 1 of Sched-ule 5,

(b) a city council, referred to in Part 2 of Schedule 5,

(c) a borough council, referred to in Chapter 1 of Part1 of Schedule 6, or

(d) a town council referred to in Chapter 2 of Part 1of Schedule 6,

to the Local Government Act 2001;”.

The substitution for the definition of “the Minister” of thefollowing:

“ ‘Minister’ means Minister for Transport;”.

The substitution for the definition of “planning authority” and“planning permission” of the following:

“ ‘planning authority’ has the meaning assigned to it by the Actof 2000;

‘planning permission’ means permission under Part III of theAct of 2000;”.

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Short title,collective citationand construction.

Section 11.

Sch.

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[No. 34.] [2007.]Roads Act 2007.

Provision ofRoads Act 1993 Nature of Amendment

Amended

(1) (2)

The substitution for the definition of “reserved function” ofthe following:

“ ‘reserved function’ is to be read in accordance with section131 of the Local Government Act 2001;”.

The substitution for the definition of “road authority” of thefollowing:

“ ‘road authority’ except in Part V, means a local authority”.

The insertion after the definition of “roadway” of the following:

“ ‘service area’ means an area beside or in the proximity of apublic road where services and facilities for users of the roadare provided under a motorway or service area scheme; ‘servicearea scheme’ means a scheme in respect of a service area madeunder section 47;”.

The substitution for the definition of “special amenity areaorder” of the following:

“ ‘special amenity area order’ means an order confirmed undersection 203 of the Act of 2000;”.

The substitution for the definition of “structure” of thefollowing:

“ ‘structure’ has the meaning assigned to it by the Act of 2000;”.

Section 10(1) The insertion after paragraph (d) of the following:

“(e) Where a new section or a replacement section of anational or regional road is proposed or has been pro-vided, the new or replacement section is, unless providedby order of the Minister under this subsection, a nationalor regional road, as the case may be. Any section of theexisting road which remains following the construction ofthe new or replacement section becomes a local road.”.

Section 14(1) The insertion after paragraph (c) of the following:

“(d) The Authority may request the road authorities whichhave entered into an agreement under this subsection toamend it in accordance with such terms and conditionsas the Authority may specify or revoke the agreement.

(e) Where any road authority concerned refuses or fails tocomply with a request under paragraph (d), the Auth-ority may, after affording an opportunity to the roadauthorities to make representations to it in writing andconsidering any representations made, direct them toamend the agreement in accordance with such terms andconditions as it may specify, or to revoke it. The roadauthorities shall comply with any such direction given bythe Authority.”.

Section 18 The deletion of that section.

Section 19 The substitution in subsection (2) of “paragraphs (a) to (c)”for “paragraphs (a) to (e)”.

Section 35(1) The deletion of paragraph (a).

Section 37 The substitution for subsections (6) and (7) of the following:

“(6) Where the Minister is satisfied that a member of theAuthority has failed to comply with a requirement of subsection(1) he or she may, if he or she thinks fit, remove that memberfrom office or take such other action as he or she considersappropriate, and where a person is removed from office underthis subsection he or she is disqualified from being a memberof the Authority.

[2007.] [No. 34.]Roads Act 2007.

Provision ofRoads Act 1993 Nature of Amendment

Amended

(1) (2)

(7) Where a person (other than a member of the Authority)to whom subsection (1) applies fails to comply with that subsec-tion, then the Authority shall decide the appropriate action(including removal from office or termination of contract) tobe taken.”.

Section 44 The deletion in subsection (3) of “, after consultation with theMinister for Transport, Energy and Communications,”.

Section 46 The substitution in subsection (1) of “section 34(8) of the Actof 2000” for “section 26(4) of the Act of 1963”.

The substitution in subsection (3) of “section 190 of the Act of2000” for “section 11 of the Act of 1990”.

Section 47 The insertion in subsection (4)(c) of “the register kept by itunder section 7 of the Act of 2000” for “the register kept underthe Act of 1963”.

Section 49 The substitution in subsection (5) of “section 40 of the Act of2000” for “the Act of 1982”.

Section 52 The substitution in subsection (6) of “section 44 of the Act of2000, and for the purposes of section 195 of that Act” for “sec-tion 30 of the Act of 1963, and for the purposes of section 17of the Act of 1990”.

Section 55 The deletion of subsections (3) and (4).

Section 61(3) The substitution in paragraph (c) of “subject to section 64(3),specify” for “specify”.

Section 63 The insertion in subsection (1)(e) after “system of tolls” of “andtheir collection”.

The insertion after subsection (1) of the following:

“(1A) A road authority may enter into different agreementswith different persons in respect of anything referred to in sub-section (1).”.

Section 70 The substitution for subsection (13) of the following:

“(13) In this section ‘structure’ means a structure (whetherfixed or moveable) and includes any apparatus, object or thingwhich is attached or fixed to or connected with the structure.”.

Section 79(5) The substitution of “Companies Acts” for “Companies Acts,1963 to 1990”.

Section 81 The substitution for subsection (1) of the following:

“(1) (a) A person guilty of an offence under section 46(6) isliable—

(i) on summary conviction to a fine not exceeding\5,000, or

(ii) on conviction on indictment, to a fine notexceeding \250,000.

(b) A person guilty of an offence under this Act (otherthan section 64 or the provisions mentioned inparagraphs (a) and (c)) is guilty of an offenceand is liable on summary conviction to a fine notexceeding \5,000.

(c) A person guilty of an offence under section 43(5),44(5), 45(3), 64A(4), 68(2) or 79(4) is liable onsummary conviction to a fine not exceeding\2,000.”.

The insertion after subsection (4) of the following:

“(5) Any costs of a road authority, a local authority or the

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[No. 34.] [2007.]Roads Act 2007.

Provision ofRoads Act 1993 Nature of Amendment

Amended

(1) (2)

Minister under this Act incurred in or in connection with theprosecution of a person for an offence under this Act for whichthe person is convicted may be recovered by the road authority,local authority (within the meaning of section 73) or the Mini-ster, as the case may be, as a debt due and payable to the roadauthority, local authority or the Minister, as the case may be,by the convicted person.”.

The substitution in subsection (3) of “the road authority con-cerned” for “a road authority” in each place it occurs.

The substitution in subsection (3)(c) of “the local authority con-cerned” for “a local authority”.